The Consumer Rights Act 2015

Have you ever purchased goods or
services, only for them to be faulty or not fit for purpose? Retailers and
service providers are often found wanting in their response to customers when
it comes to these issues, so it is important to be aware of your legal rights
so that you can resolve any issues in the most effective way.

If you purchased goods or
services after 1 October 2015, then your rights are governed by the Consumer
Rights Act 2015. The Act covers consumer rights in terms of both goods and
services, so can apply to different situations, for example faulty products or
work carried out by a tradesperson.

Goods

The Act provides that any goods
purchased by a consumer must be:-

Satisfactory quality – goods cannot be faulty or
damaged when received by a consumer,

Fit for purpose – goods should be fit for the
purpose they were supplied for, as well as any specific purpose you made known
to the retailer before you agreed to purchase, and

As described – the goods supplied must match any
description given to you, or any models or samples shown to you at the time of
the purchase.

Should goods purchased satisfy
the criteria above, there will be a claim and the Act details several remedies
available to a consumer in the event of a breach of their statutory rights.
Each situation will be different so it is important to be aware of the
different remedies available should an individual wish to claim under the Act.

30 Day Right to Reject

Under the Act, you have a right
to reject goods and obtain a full refund if they are of unsatisfactory quality,
not fit for purpose or not as described. To exercise this right there is a
strict timescale of 30 days to make this claim, so it is important to act
quickly when rejecting goods.

The consumer has a duty to make
any goods available for collection by the trader or (if there is an agreement)
to return them. The trader must bear any reasonable costs of returning the
goods. The recent case of Christina
Tenant Johnston and Peter Johnston againstR&J Leather (Scotland) Limited recently highlighted that, where
a consumer has made rejected goods available and the seller’s action (or
inaction) entitles the consumer to do as he or she wishes and remove or destroy
the goods.

Repair or Replacement

You can also ask the retailer for
a repair of your goods or a replacement should they meet the criteria outlined
above. This is useful if your claim falls out with the initial 30-day right to
reject.

You can state a preference for a
repair or replacement, but the retailer will be entitled to provide the most
cost-effective measure.

If the retailer attempts repair
works and these are unsuccessful, you have a further right to reject the goods
and receive a full refund.

Further Time Limits

Within the first six months after
purchasing goods, the onus is on the retailer to prove that the fault wasn’t
there when a consumer purchased the goods. If a fault develops after six
months, the burden rests with the consumer to prove that the product was faulty
at the time of delivery.

In Scotland, you ultimately have
five years to raise a claim in the court. This five year time period runs from
the date that the goods were purchased/delivered.

Services

Examples of services range from
electrical or joinery work to lawyers or accountants.

The Consumer Rights Act 2015 also
offers protections against service providers, and any service provided must:-

Perform the service with reasonable care and
skill,

Any information that is spoken or written is
binding where a consumer relies on it

Where the price is not agreed beforehand, the
service must be provided for a reasonable price. What is reasonable is judged
against what other traders in the same field would charge. If the trader
over-charges it will be quite obvious.

Unless a particular timescale for performing the
service is set out or agreed, the service must be carried out within a
reasonable time. Reasonable depends on the circumstances of the service
provided, for example where specialist skills or work are required or where the
work is complex.

If the work does not comply with
the above standard a consumer has a right to a repeat performance of the
service. If repeat performance is not possible or has already been carried out,
there is a right a price reduction.

Fundamentally it is important to
pursue any claims under the Consumer Rights Act 2015 in good time in order to
ensure consumers achieve the most appropriate remedy.

At Jackson Boyd, our Dispute
Resolution team has extensive experience assisting consumers exercise their
rights under the Act. If you think you have a potential claim, please contact
us online today at 0333 060 1868.